General Terms and Conditions for the use of amiando by attendees
In the following, you will find the General Terms and Conditions for the use of amiando by attendees.
Preamble
By purchasing a ticket on one of the websites provided by amiando GmbH (“amiando”), you (“attendee”) accept the following “General Terms and Conditions for the use of amiando by Attendee” (“terms”). amiando offers private and professional organizers (“organizer”) a web-based solution to organize events, meetings, conferences, virtual or similar events (“events”). Organizers can also register attendees, sell tickets, and allow invoicing over amiando for these events. amiando provides its services under various top-level domains as well as under various sub domains and aliases of these domains (“amiando-Websites”). These terms shall govern the contractual relationship between the attendee, the organizer, and amiando, irrespective of which amiando-Websites the attendee uses. Only persons of age may use the services of amiando.
Should the English version of these terms deviate from the German language version, only the German version shall apply and be binding.
1. Contracting parties, involvement of GTC for organizers
1.1. By purchasing a ticket or registering for an event on the amiando-Websites, a sales contract is created solely between the relevant attendee and the relevant organizer regarding attendance at an event. amiando itself is not the organizer, but rather handles the processing of ticket sales on the behalf of the organizer. amiando is therefore not liable for organizer insolvency or for the failure of an event.
1.2 It is possible that the organizer's own General Terms and Conditions may also apply for carrying out the event. amiando has no influence over this. It is the duty of the attendee to inform himself about possible existing terms of the organizer before purchasing tickets.
1.3. The attendee assures that they are of age at the time of registration, considering they are a natural or legal person.
2. Subject matter and conclusion of the contract
2.1. Information about events, amount of available tickets, ticket price and possible payment methods is only subject to guidelines specified by the organizer. amiando has no influence regarding this information. It is the organizer’s duty to verify this information.
2.2. The organizer, with the provided information in clause 2.1, provides an offer for the conclusion of the purchase contract. By clicking the button “Buy Now”, the attendee accepts the offer for the conclusion of the purchase contract. In order to accept the offer, the attendee is required to have filled out all the necessary fields (marked with a “*”) and to have accepted these General Terms and Conditions. The attendee will receive a confirmation email immediately after the order and/or payment regarding the conclusion of the purchase contract. The attendee is required to inform amiando if they do not receive this confirmation email on time.
2.3. amiando has the right to cancel the purchase contract (ex parte right of withdrawal) if the attendee has violated conditions of the pre sale, which have been stated by the organizer or amiando. The declaration of withdrawal can also be provided implied by refunding the paid amounts.
3. Total price and payment arrangements
3.1. The total price for a ticket may exceed the stated ticket price. The price for a ticket is based on the price defined by the organizer. It will be displayed in the purchase process whether VAT is included or not. Depending on the agreement between amiando and the organizer, the transaction fees for the ticket purchase will be added to the ticket price and displayed separately in the shopping cart at the time of order. Attendees pay all incurred international payment fees or exchange rate differences.
3.2. The total price of the tickets including all fees is immediately due for payment upon receipt of the confirmation email.
3.3. In case of payment via direct debit with insufficient credit bank balance, the attendee must indemnify amiando from all costs. The attendee will be required to pay at least 10,- Euro for compensation. The attendee can however verify that amiando sustained minor or no damages.
4. Ticket shipment, loss, and complaints
4.1. Immediately after receipt of payment or after ordering (only for purchase on account), amiando shall send the ticket(s) to the attendee’s address specified at the time of order (either e-mail address or postal address), except when otherwise stipulated (e.g. tickets will be held at the venue).
4.2. An incorrect ticket will be exchanged for a new ticket upon return of the incorrect ticket. It is the duty of the attendee to check the tickets after receipt and to organize a new and correct ticket if necessary.
4.3. Attendees can re-request electronic tickets at any time. They can also be obtained in the “My Account” section, provided that the attendee has a user account on the amiando-Websites.
4.4. Tickets sent by mail that the attendee never received will only be resent if the attendee assures that the tickets were never received. amiando will provide a form for this assurance upon request.
4.5. Tickets sent by mail that become lost or destroyed will not be replaced.
5. Refund of tickets, refund of purchase price
5.1. In case of event cancellation or postponement, the attendee has the right to return a purchased ticket according to legal guidelines as well as according to the agreements made between the attendee and the organizer.
5.2. If the attendee is entitled to a ticket refund, amiando will reimburse the paid amount for the ticket within 14 days after receipt of the returned tickets according to the agreement with the organizer if amiando has not already transferred the ticket revenues to the organizer
6. Information regarding the right of revocation
The responsibility about the instruction of the right of revocation lies with the organizer, since this is contract partner of the attendee with regards to the ticket purchase. Subject to change, the attendee is only entitled to the right of revocation in Germany if the following conditions are met.
- (i.) the event for which the ticket is purchased takes place at a specific time or within a specified timeframe and does not serve the leisure activities of the attendees,
- (ii.) the attendee purchases the ticket as a consumer in accordance with § 13 of the German Civil Code and not for the purposes of their exercise of commercial or independent occupational activity and
- (iii.) the organizer organizes the event for the purposes of their commercial or occupational activity
7. Liability and guarantee
7.1. amiando is liable without limitation for any injury of life, body or health, based on a violation of duty by amiando, its legal agents or its vicarious agents.
7.2. amiando is further liable without limitation for any injury caused by amiando, its legal agents or its vicarious agents by intention or gross negligence, as well as for injuries caused by the absence of conditions guaranteed by amiando.
7.3. In case of breach of essential contractual duties with minor negligence, amiando’s liability – except in the cases as stated in clauses 8.1. and 8.4. – shall be limited to typical and foreseeable damages. Essential contractual duties shall be duties that must be fulfilled in order to enter into a contractual relationship.
7.4. The liability of amiando according to the German Product Liability Act shall not be affected.
7.5. Any further liablility shall be excluded, in particular liability regardless of negligence or fault. amiando and its vicarious agents are not liable for any failures, regardless of type, caused by external events. These external events include, but are not limited to: blackout or failure of telecommunication system, blackout of power supply, or failure of hardware.
7.6. The statute of limitation for claims against amiando – except in the cases as stated in clauses 8.1., 8.2. and 8.4. and / or the attendee being a customer in the meaning of § 13 BGB (German civil code) – shall be one year.
8. Protection of privacy
By accepting these General Terms and Conditions the user also declares the following:
I ALLOW MY PERSONAL ATTENDEE INFORMATION (FOR EXAMPLE NAME AND COMPANY) TO BE PUBLICLY ACCESSIBLE AND DISPLAYED ON THE ATTENDEE LIST FOR THE EVENT TO EVERYONE. I CAN HIDE THIS INFORMATION AFTER ORDERING OR REVOKE THIS APPROVAL AT ANY TIME BY WRITING AN EMAIL TO AMIANDO.
9. Final Provisions
9.1. Unless otherwise stated in these terms, the attendee may submit all notices to amiando by email using the contact form provided on each of the amiando-Websites, or by letter or fax. amiando may send notices to the attendee by email to the address provided by the attendee at the time of order.
9.2. For all ticket sales on the amiando-Websites, only these terms shall apply between amiando and the attendee. The attendee’s own terms and conditions shall not apply.
9.3. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties are required to replace an invalid provision with a valid provision which in its regulatory content matches the intention and purpose of the invalid provision as closely as possible. This applies to contractual loopholes.
9.4. Place of performance shall be amiando headquarters in Munich.
9.5. Place of jurisdiction as far as legally permitted shall be amiando headquarters in Munich.
9.6. German law applies to the exclusion of private international law and to the German law assumed UN Convention on Contracts for the International Sale of Goods.
Updated: August 2010
